Response from Ruth Davidson MSP, on behalf of

LGBTI equality and the Independence referendum:
Response to the Equality Network’s questions from Ruth Davidson MSP,
Leader of the Scottish Conservative and Unionist Party
Equality Law
1. If there is a vote to remain in the UK, will your party support further
devolution of equal opportunities powers, as is already the case in
Northern Ireland, so that Scotland can protect the progress that has been
made in recent years and deal with the deficiencies of current equality law,
including:
 That discrimination on grounds of gender identity and intersex status
are not fully covered
 That unlike sex, gender reassignment, race and disability, there is no
protection from harassment in the provision of goods, facilities and
services for the sexual orientation protected characteristic
 That same-sex couples are not currently entitled to equal pension
provisions under private sector pension schemes
Would you support complete or partial devolution of equal opportunities
powers?
Although equal opportunities remain a reserved matter, since its inception the
Scottish Parliament has been able to encourage equal opportunities and their
observance (in a non-legislative capacity) and can impose duties on public
authorities in relation to their Scottish functions. The Equal Opportunities Committee
has also been established.
While these powers have their limitations, it is fair to say that their scope could be
better understood and this is an on-going challenge for the Scottish Parliament.
Beyond that, when it comes to issues such as equal pension provisions, these are
best dealt with at a UK level – as our social union underpins economic union and we
believe it is important that the two are not detached from one another.
2.
If there is a vote for independence, will your party support protecting
equality in the written constitution of Scotland, including on grounds of
sexual orientation, gender identity and intersex status?
If Scotland does vote to leave the United Kingdom, then it is the policy of the Scottish
Government to call a constitutional convention. If this were to transpire, then it will be
up to the people of Scotland to decide what provisions are included in any future
written constitution and I would not wish to pre-empt this.
3.
In your view, would a vote to remain in the UK or a vote for independence
be better for the future of equality law in Scotland, and why?
As the Equality Act 2010 demonstrated, at a UK level it is possible to strengthen and
simplify existing legislation while introducing new laws that protect individuals from
discrimination. As the economy is one of the Union’s great strengths, we should aim
to preserve the single-market in goods and services and the free movement of
labour, which in turn necessitates an UK-wide approach to the advancement of equal
opportunities.
Leadership and Resources
4. If there is a vote to remain in the UK, in what ways will your party ensure
that Scotland commits adequate leadership and resources on efforts to
secure LGBTI equality and human rights through public services?
5. If there is a vote for independence, in what ways will your party ensure that
Scotland commits adequate leadership and resources on efforts to secure
LGBTI equality and human rights through public services (e.g. promoting
equality in schools, tackling hate crime)?
6. In your view, would a vote to remain in the UK or a vote for independence
be better for the future of efforts to secure LGBTI equality and human
rights through public services, and why?
4/5/6: Regardless of how Scotland votes on 18th September, the Scottish
Conservatives are committed to promoting LGBTI equality. Therefore, in a very real
sense, issues such as tackling hate crime or ensuring equality in schools can be
separated from the broader constitutional debate we are currently having.
To take just one example, both the UK and Scottish governments have taken action
to tackle hate crime. In 2012 the UK Government published Challenge it, Report it,
Stop it – the hate crime action plan, while the Scottish Government has invested
significantly in its Equality Funding and Tackling Sectarianism Funds.
Of course, Justice and Education are both devolved matters and, as a consequence,
the Scottish Government already possesses the necessary competencies to promote
equality in schools and rid our streets of abusive behaviour.
This notwithstanding, there is still much to be done in terms of tackling prejudices,
improving education and ensuring that victims have the confidence to come forward.
No matter how the people of Scotland vote, the Scottish Conservatives are
committed to taking this agenda forward.
Foreign Affairs and International Development
7. If there is a vote to remain in the UK, how will your party ensure that
Scotland is able to play its part in promoting LGBTI equality and human
rights around the world?
8. If there is a vote for independence, how will your party ensure that
Scotland has a strong influence promoting LGBTI equality and human
rights around the world, for instance through diplomatic efforts and the
provision of aid?
9. In your view, would a vote to remain in the UK or a vote for independence
better enable Scotland to promote LGBTI equality and human rights
around the world, and why?
7/8/9/: While all political parties are committed to promoting LGBTI equality and
human rights around the world, I strongly believe that by remaining as part of the
United Kingdom, Scotland would be better placed to further this agenda.
I argue this because of the extensive diplomatic network that the UK currently
enjoys. As the Scottish Government’s White Paper makes clear, a separate Scotland
would have a much lighter footprint on the international stage – both in terms of
embassies and when it comes to wielding influence within international
organisations.
In 2011, after a court in Malawi sentenced two gay men to 14 years hard labour, the
Prime Minister announced a £19 million cut in aid to Lilongwe. Thanks to our large
foreign aid budget – which the current UK Government has protected from cuts –
Britain is able to apply diplomatic pressure when human rights are violated.
The Department for International Development, in accordance with the Foreign and
Commonwealth Office and the Government Equalities Office, has worked hard to
promote LGBTI rights. From Ric Todd in Poland to Jon Benjamin in Chile, many of
our ambassadors have marched proudly in support of gay rights and, in 2011, Mark
Gooding, who is openly gay, was appointed ambassador to Cambodia.
Moreover, across the world Britain has helped to fund various organisations
dedicated to safeguarding LGBTI rights. From Aphrodite’s Pride in Jamaica, to
KAOS in Turkey, grassroots organisations have benefited from Britain’s support.
With less diplomatic clout and a smaller international aid budget, an independent
Scotland would be less likely to affect change. This is not to question the motives of
any future Scottish Government, but it is to make the case that a separate Scotland
would lack the necessary capacity to forward a comparable global human rights and
equality agenda.
Asylum
10. If there is a vote to remain in the UK, will your party support the
improvement of the UK's asylum processes so that LGBTI people with a
well-founded fear of persecution in their home country because of their
sexual orientation, gender identity or intersex status, can find asylum in
the UK?
11. If there is a vote for independence, will your party ensure that Scotland
welcomes LGBTI people seeking asylum from their home country
because of a well-founded fear of persecution on grounds of their sexual
orientation, gender identity or intersex status?
12. In your view, would a vote to remain in the UK or a vote for independence
be better for the future of asylum provision in Scotland, and why?
10/11/12: The UK has a proud tradition of providing a place of safety for genuine
refugees. Many of those who come to Britain seeking asylum have suffered terrifying
experiences and made a huge effort to reach our borders, and it is important we treat
them with dignity and respect.
In the wake of Stonewall’s 2010 report No Going Back: lesbian and gay people and
the asylum system, the Coalition Agreement pledged not to remove asylum seekers
from the UK if they are at a proven risk of persecution due to their sexual orientation
or gender identification.
While each case must be assessed on its merits, I welcome the changes to the
asylum system enacted by the current UK Government and believe it represents a
fair approach which balances the right to claim asylum with safeguarding UK border
security
Summary
13. In your view, why should LGBTI people in Scotland vote to remain in the
UK or vote for independence, both in terms of LGBTI equality and also
more generally?
A No vote is not a vote for no change, it is a vote for a stronger Scottish Parliament
with more powers, ensconced within the broader framework of the United Kingdom.
I firmly believe that this is the best approach to safeguard Scotland’s future
prosperity. The UK boasts the fastest growing economy in the G7, the most
professional armed forces in the world and a seat at the top table in international
affairs.
If we walk away from all that, then we are leaving behind not only over 300 hundred
years of history, but part of our identity as well. I am proud, patriotic Scot, but I get to
be British too and I would hate to see family and friends in England, Wales and
Northern Ireland become foreigners.
Scotland benefits substantially from being part of the UK, not just economically, but
socially and culturally too. I am confident that LGBTI people realise this and
recognise the many questions surrounding independence that have yet to receive
any satisfactory answers.
While the Scottish Conservatives are committed to advancing equality and human
rights whatever the result on September 19th, I do believe that the strength and
security of the United Kingdom, not to mention its broad diplomatic reach, will enable
us to take further steps both here, and around the world, to ensure that all citizens –
no matter their sexuality or gender – are able to go about their daily lives free from
either harassment or discrimination.